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intent shall have possession of any such falsely made, forged, counterfeited. mutilated, or altered seal, knowing the same to have been so falsely made, forged, counterfeited, mutilated, or altered, shall be fined not more than $5,000 or imprisoned rot more than ten years, or both. Sec. 2, Title X, act of June 15, 1917 (40 Stat. 228); U. S. C. 18: 131.

935. Foreign decorations; to be tendered through State Department.-That hereafter any present, decoration, or other thing which shall be conferred or presented by any foreign government to any officer of the United States, civil, naval, or military, shall be tendered through the Department of State, and not to the individual in person, but such present, decoration, or other thing shall not be delivered by the Department of State unless so authorized by Act of Congress. Sec. 3, act or Jan. 31, 1881 (21 Stat. 604); U. 8. C. 5: 115.

Sec. 1 of this act authorized certain officers named to accept certain decorations, medals, and presents, specified therein, from foreign governments. It is omitted as private and temporary merely.

The act of Feb. 25, 1925 (43 Stat. 979), to recognize and reward the accomplishments of the world flyers, authorized the officers named therein "to accept any medals or decorations tendered to or bestowed upon them by foreign Governments." This appears to be the first authorization of this kind in time of peace.

Notes of Decisions

Consent of Congress.-This section does not authorize the delivery of such presents or decorations to any particular class of officers, or to any officer, unless authority

therefor be first obtained by act of Congress, as required by Const., Art. II, sec. 2, par. 2. (1909) 27 Op. Atty. Gen. 219.

936. Same; wearing restricted. That no decoration, or other thing the acceptance of which is authorized by this Act, and no decoration heretofore accepted, or which may hereafter be accepted, by consent of Congress, by any officer of the United States, from any foreign government, shall be publicly shown or exposed upon the person of the officer so receiving the same. Sec. 2, act of Jan. 31, 1881 (21 Stat. 604); U. S. C. 5: 114.

That American citizens who have received, since August first, nineteen hundred and fourteen, decorations or medals for distinguished service in the armies or in connection with the field service of those nations engaged in war against the Imperial German Government, shall, on entering the military service of the United States, be permitted to wear such medals or decorations. Chap. I, act of July 9, 1918 (40 Stat. 872); U. S. C. 10: 1422.

Provided, That any officer or enlisted man of the military forces of the United States is hereby authorized to accept and wear any medal or decoration heretofore bestowed by the Government of any of the nations concurrently engaged with the United States in the present war. Act of July 9, 1918 (40 Stat. 872); U. S. C. 10: 1423.

Officers of the United States are prohibited from accepting, without the consent of Congress, any present, emolument, office, or title, of any kind whatever, from any king. prince, or foreign state, by Const. Art. I, sec. 9, clause 8.

Notes of Decisions

Construction.-This provision authorizes the Department of State to deliver to naval officers of the United States medals and decorations heretofore tendered to such officers through said department by the governments of nations concurrently en

gaged with the United States in the World War. (1919) 31 Op. Atty. Gen. 445.

The words "medals or decorations" are used in their usual meaning and do not include such articles as bowls, cups, and photographs. Id.

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Lands for river and harbor improve
ments-Continued.

Donation to the United States, 1028.
Sale, 1029.

Lands acquired for storage purposes; sale,
1030.

Military posts; establishment, 1031.
National military parks:

Investigations, surveys, and acquisition
of sites, 1032.

Administration, 1033.

Erection of memorials, Chickamauga and
Chattanooga, 1034.

Maintenance and improvement, Abraham
Lincoln National Park, 1035.

Offenses and jurisdiction, 1036.

Right of action for death from wrongful

act of another, 1037.

Use for military maneuvers, 1038.
National monuments:

Establishment, 1039.
Depredations, 1040.

Permits for investigation, 1041.
Plants and factories; sale, 1042.
Roads, public; repairs, 1043.
Roads, military:

Acquisition of land for, 1044.
Jurisdiction

not affected by Federal

highway act, 1045. Roads to national cemeteries: Maintenance, 1046.

Railroads excluded, 1047.

Conveyance to States, counties, and mu

nicipalities, 1048.

Roads and trails in Alaska:

Board of road commissioners, 1049.
Contributions for maintenance and con-

struction, 1050.

Statue of Liberty; maintenance and repairs, 1051.

Target ranges:

Acquisition, 1052.

Sale, 1053.

United States Disciplinary Barracks:

Officers and guards, 1054.

Designation, 1055.

Branches, 1056.

Government and control, 1057.

Duties of commandant, 1058. Water-power projects; requisition in time of emergency, 1059.

937. Arsenals; establishment.-The Chief of Ordnance, under the direction of the Secretary of War, may establish depots of ordnance and ordnance stores in such parts of the United States and in such numbers as may be deemed necessary. R. S. 1165; U. S. C. 10: 193.

938. Same; abolition when unnecessary.-The Secretary of War is authorized to abolish such of the arsenals of the United States as, in his judgment, may be useless or unnecessary. R. §. 1666; U. S. C. 50: 55.

The arsenal at Detroit, Mich., was authorized to be sold, by act of Mar. 3, 1875 (18 Stat. 510).

The act of May 25, 1920 (41 Stat. 623), directed that certain buildings at Watertown, N. Y., be turned over to the Postmaster General.

939. Aviation fields; lease of public lands for. That the Secretary of the Interior is authorized, in his discretion and under such regulations as he may prescribe, to lease for use as a public airport any contiguous public lands, unreserved and unappropriated, not to exceed six hundred and forty acres in area, subject to valid rights in such lands under the public land laws. Sec. 1, act of May 24, 1928 (45 Stat. 728); U. S. C. 49: 211.

Any lease under this Act shall be for a period not to exceed twenty years, subject to renewal for like periods upon agreement of the Secretary of the Interior and the lessee. Any such lease shall be subject to the following conditions: *

(d) That all departments and agencies of the United States operating aircraft (1) shall have free and unrestricted use of the airport, and (2) with the approval of the Secretary of the Interior, shall have the right to erect and install therein such structures and improvements as the heads of such departments and agencies deem advisable, including facilities for maintaining supplies of fuel, oil, and other materials for operating aircraft.

*

*

(e) That whenever the President may deem it necessary for military purposes, the Secretary of War may assume full control of the airport. Sec. 2, act of May 24, 1928 (45 Stat. 728); U. S. C. 49: 212. 940. Same; reservation from public lands.-* Provided, That by order of the President any Government property or unappropriated or reserved public lands may be reserved from entry, designated, and used for such aviation stations or fields for testing and experimental work; * *. Ch. I, cet of July 9, 1918 (40 Stat. 848), making appropriations for support of the Army; U. 8. C. 10: 1341.

Notes of Decisions

Liability to adjoining landowners.--Establishment of aircraft proving ground being a legitimate governmental action for publle good in time of war and for no other purpose. bursting of bombs from airplanes

*

and shells from aircraft guns on rented lands of adjoining owner, gives tenant thereof no cause of action against Government. Clark v. U. S. (1924), 59 Ct. Cl. 940.

941. Same; donation to the United States.-The Secretary of War is hereby authorized to accept for the United States from any citizen of the United States a donation of a tract or tracts of land suitable and desirable in his judgment for the purposes of an aviation field and remount station, the terms of the donation also to authorize the use of the property donated for any other service of the United States which may hereafter appear desirable. Sec. 1, act of Aug. 29, 1916 (39 Stat. 622), making appropriations for the support of the Army; U. S. C. 10: 1342.

942. Public buildings, acquisition of sites; condemnation.-That in every case in which the Secretary of the Treasury or any other officer of the Government has been, or hereafter shall be, authorized to procure real estate for the erection of a public building or for other public uses he shall be, and hereby is, authorized to acquire the same for the United States by condemnation, under judicial process, whenever in his opinion it is necessary or advantageous to the Government to do so, and the United States circuit or district courts of the district wherein such real estate is located, shall have jurisdiction of proceedings for such condemnation, and it shall be the duty of the Attorney General of the United States, upon every application of the Secretary of the Treasury, under this act, or such other officer, to cause proceedings to be commenced for condemnation, within thirty days from the receipt of the application at the Department of Justice. See 1, act of Aug. 1, 1888 (25 Stat. 357); U. S. C. 40: 257.

The practice, pleadings, forms and modes of proceeding in causes arising under the provisions of this Act shall conform, as near as may be, to the prac tice, pleadings, forms, and proceedings existing at the time in like causes in the courts of record of the State within which such circuit or district courts are held, any rule of the court to the contrary notwithstanding. Sec. 2, act of Aug. 1, 1888 (25 Stat. 357); U. S. C. 40: 258.

That the provisions of the Act entitled "An Act to authorize condemnation of land for sites of public buildings, and for other purposes," approved August first, eighteen hundred and eighty-eight, shall be construed to apply to the Board of Managers of the National Home for Disabled Volunteer Soldiers. See.

1, act of July 19, 1897 (30 Stat. 121), making appropriations to supply deficiencies; U. S. C. 24: 78.

The powers and duties of circuit courts of the United States are now vested in district courts of the United States, by secs. 289-291, Judicial Code of Mar. 3, 1911 (36 Stat. 1167).

For restriction on contracting to pay for sites for public buildings a larger sum than is specifically appropriated therefor, see 729, ante.

Notes of Decisions

Power of eminent domain by United States. The United States, in proceedings to condemn land for governmental purposes, exercises its own right of eminent domain, subject to the limitation of the Federal Constitution that private property shall not be taken for public use without Just compensation, and does not proceed under the right of the State; and the right to compensation and its measure may be different from that in a State condemnation proceeding with respect to property which had previously been appropriated to public or municipal uses under the laws of the State. Town of Nahant v. U. S. (1905), 136 Fed, 273, modifying decree In re Condemnation of Land at Nahant (D. C. 1904), 128 Fed. 185, and decree modified (1907), 153 Fed. 520,

The United States has never, by any legislation, undertaken to confer upon the States authority to judge of its needs of lands for national purposes or to assess the compensation it should pay, and any such judgment and assessment must, therefore, be wholly provisional and subject to its acceptance and ratification. People v. Humphrey (1871), 23 Mich. 471, 9 Am. Rep. 94.

The United States may, in the exercise of its right of eminent domain, by observing the constitutional requirement of making due compensation therefor, seize and condemn the property of individuals for the purpose of erecting lighthouses thereon. Id.

The proceeding under Laws Mich. 1867, p. 158, authorizing the condemnation of private lands for the purpose of turning it over to the United States for the maintenance of a lighthouse, can not be sustained on the ground of the interest of the State by reason of its coastwise com.

merce in the establishment of lighthouses on such waters. Id.

Any attempted distinction between "requisition" and "condemnation" is largely technical; "requisition" is more often used with reference to the taking of personal property, and "condemnation" to the taking of real property; but in either case the fifth amendment requires just compensation to be made. Filbin Corporation v. U. S. (D. C. 1920), 266 Fed. 911.

The exemption of the United States from a suit by an individual does not affect the rule that property may only be taken in the manner prescribed by law. Id.

The omission from the statute of a provision for a jury trial does not deprive the owner of any right. Id.

An act to "authorize completion of the acquisition of real estate hereinafter specified," and which made specific appropriation "for quartermaster warehouses, Newport News, Va.," held to authorize, not only the carrying out of agreements previously made, but acquisition through condemnation proceedings, subsequently instituted under this section, of the land at Newport News, which was made subject of the specific appropriation, particularly in view of deficiencies appropriation act of July 1, 1922 (42 Stat. 778). Old Dominion Land Co. v. U. S. (1925), 269 U. S. 55. affirming (C. C. A. 1924), 296 Fed. 20.

Property subject to appropriation.—The rule that land in public use can not be taken for another and inconsistent public use under general legislative power of con demnation, but that the right must appear, to seize the particular property, by express provision directed toward the spe cial property, in some pertinent legislation or be the inevitable implication arising from such legislation, does not apply to a

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